Parents booked for rape in child marriage Case – Bail Granted -HC

Court observed in the recent judgement [Gangulappa Narasappa & Anr. v State of Karnataka] that since there were no allegations of having subjected the minor girl to any sexual acts, it was appropriate to grant anticipatory bail to the couple.

The adult son and the minor girl's parents were also arrayed as accused in the crime that was registered on the basis on a complaint filed by the Headmaster of the school the minor girl attended. Parents were booked for charges under Section 376(2)(i)(n) of the Indian Penal Code, Sections 5(L), 5(m), 6 (aggravated sexual assault) of the POCSO Act and Sections 9 and 10 of the Prohibition of Child Marriage Act. The Court issued the order while hearing the anticipatory bail plea moved by a married couple after a case was registered against them for getting their adult son married to a minor girl of only 11 years.

Advocate appearing for the petitioners, pointed out that the minor girl's parents hadn't filed any complaint. He submitted that the only offence invoked against the petitioners were under the Prohibition of Child Marriage Act which are not punishable with death or life imprisonment.

Further, he contended that the statement given by the minor girl categorically stated that her adult husband had not committed any sexual act and therefore, the petitioners are entitled to get granted bail.

The Court held that since the minor girl clearly said that there was no sexual act, only Section 10 (performing, conducting, abetting child marriage) of the Prohibition of Child Marriage Act will be invoked against the petitioners. Therefore, it ordered that the petitioners be released on bail in the event of their arrest on furnishing of personal bonds of ₹2 lakh each with sureties of the same amount.

GANGULAPPA V/S STATE OF KARNATAKA